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Since the beginning of the 2010/2011 term, the Criminal Law Committee (“CLC”) has met twice.

CLC is involved in the following activities for this term:

(1)  Court-assigned counsel for capital cases

CLC’s primary focus for this term is to compile a new list of court-assigned counsel for capital cases following revisions to the selection criteria.  Members who fulfil the criteria were invited via Circular No 138/2010 (dated 14 May 2010) to submit their applications to be considered to serve in this capacity.

The revised selection criteria are contained in several practice directions on guidelines pertaining to court-assigned counsel (Federal Court Practice Directions No 2/2010 and 3/2010) issued by the Office of the Chief Registrar in April 2010.  These new guidelines include, inter alia, revisions to the selection criteria and legal fees.  For example, Members of the Bar who wish to serve as court-assigned counsel must have been in active criminal practice for at least three years prior to their appointment, and must have conducted three capital cases, either personally or by assisting another counsel, during that period.  This is to ensure that all selected court-assigned counsel possess a reasonable amount of experience in criminal practice, particularly capital cases.  In addition, the “getting-up” fee has doubled compared to the previous guideline.  Some of these positive changes are results of CLC’s persistent discussions with the Chief Registrar of the Federal Court.

The list of approved Members to serve as court-assigned counsel for capital cases was presented to Members via Circular No 247/2010 (dated 13 Oct 2010).

(2)  Buddy system

From the responses to Circular No 149/2010 (dated 25 May 2010), CLC compiled a list of senior criminal law practitioners who have agreed to serve as mentors.  Members of the Bar who would like to be considered for appointment as court-assigned counsel for capital cases but lack the necessary experience stipulated in the criteria will be paired up with these mentors through the “buddy system”.

The list of 40 mentors was presented to Members via Circular No 247/2010 (dated 13 Oct 2010).

(3)  15th Malaysian Law Conference

CLC invited YA Tan Sri Dato’ Zulkefli Ahmad Makinudin, Judge of the Federal Court, to join a panel discussion entitled “Towards a Fairer and More Effective Administration of the Criminal Justice System” at the 15th Malaysian Law Conference.  The Judge was joined by Rajpal Singh, V Sithambaran and Hisyam Teh Poh Teik in the discussion, held on 31 July 2010.

(4)  Meetings with Attorney General’s Chambers (“AGC”) and Royal Malaysian Police Force

The Committee continues to meet with AGC and the Royal Malaysian Police Force to forge closer working ties in tripartite meetings held every three months. Key issues under discussion include section 28A and section 51A of the Criminal Procedure Code (Act 593) (“CPC”), police investigations on assaulted and murdered lawyers and draft protocol guidelines for lawyers and police.  On 25 June 2010, CLC hosted the third tripartite meeting at Bar Council.

(5)  Collaboration with the Royal Malaysian Police Force

During the tripartite meetings mentioned in item (4), the Commercial Crime Unit of the Royal Malaysian Police Force reported an increasing number of complaints lodged against lawyers who are involved in commercial crimes.  To discuss how Bar Council can assist, CLC held its first meeting with the Commercial Crime Unit on 13 Aug 2010. 

 (6)  Meetings with Judiciary and AGC

CLC continues to work with the Judiciary and AGC on the CPC, which was gazetted this year.  Rajpal Singh, Baljit Singh Sidhu, V Sithambaran and Hisyam Teh Poh Teik, represent Bar Council on the Committee on the Amendments to the CPC, which is chaired by YA Tan Sri Dato’ Zulkefli Ahmad Makinudin.  The Committee’s objective is to discuss the various amendments being enacted and how to implement them effectively.

Rajpal Singh
Chairperson
Criminal Law Committee

Dated 22 Nov 2010

(1)    Rajpal Singh (Chairperson)
(2)    P Suppiah (Co-Deputy Chairperson)
(3)    Baljit Singh Sidhu (Co-Deputy Chairperson)   
             
Members:

(4)    Abu Daud b Abd Rahim
(5)    Amrit Pal Singh
(6)    Azmi b Abdullah
(7)    Bernard Gomez
(8)    Bob Arumugam
(9)    C Shanmugaiah
(10)    Daljit Kaur d/o Gurbakhash Singh
(11)    Devkumar Kumaraendran
(12)    DP Vijandran
(13)    Harmesh Singh
(14)    Hisyham Teh Poh Teik
(15)    Ho Peng Kwang
(16)    Jagdish Kaur
(17)    Jayamurugan Vadivelu
(18)    Noorfajri b Ismail
(19)    Norah bt Abu Bakar
(20)    Ragumaren Gopal
(21)    Rejinder Singh
(22)    Roger Chan
(23)    Salim Bashir Bhaskaran
(24)    Suraj Singh
(25)    Suresh Thanabalasingam
(26)    Thirukumar s/o Vadiveloo
(27)    V Parthipan
(28)    V Sithambaram

Officer-in-charge: Lim Ka Ea